SUMMARY OF VIOLATIONS - EPA HAS DOCUMENTED SIGNIFICANT CWA VIOLATIONS IN THIS CASE, WHICH INCLUDE UNAUTHORIZED DISCHARGES:
1. CONSISTING OF SANITARY SEWER OVERFLOWS (SSOs) FROM ITS COLLECTION SYSTEM - WINCHESTER MUNICIPAL UTILITIES (WMU) HAS REPORTED AN ANNUAL AVERAGE OF 122 SSOs ANDA TOTAL ANNUAL AVERAGE SSO VOLUNE OF 6,381,983 GALLONS OF SEWAGE FROM 2000 T0 2005;
2. AT UNAUTHORIZED CONSTRUCTED OVERFLOW POINTS AT EIGHT DIFFERENT LOCATIONS IN ITS WASTEWATER COLLECTION SYSTEM; AND
3. AT THE WASTEWATER TREATMENT PLANT FROM A CONSTRUCTED BYPASS - FROM JANUARY 2000 THROUGH FEBRUARY 2005, WMU REPORTED THAT 806,800,000 GALLONS OF RAW SEWAGE WERE BYPASSED FROM TREATMENT.
DEFENDANT - THE CITY OF WINCHESTER IS LOCATED APPROX 20 MILES EAST OF LEXINGTON, KY. IN 2003, THE US CENSUS ESTIMATED THE POPULATION OF WINCHESTER TO BE 16,378. THE CITY'S WASTEWATER INFRASTRUCTURE IS MANAGED BY WMU, WHICH IS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF ONE MAJOR WASTEWATER TREATMENT PLANT, ABOUT 144 MILES OF SEWER LINES, 17 PUMP STATIONS, AND OTHER SEWER RELATED FACILITES. WITH RESPECT TO THE DISCHARGES FROM THE WINCHESTER WASTEWATER TREATMENT PLANT, KDEP ISSUED KPDES PERMIT NO KY0037991 ON MARCH 23, 2004, WHICH WILL EXPIRE ON JANUARY 31, 2008. THE TREATMENT PLANT IS LOCATED AT 2003 VAN METER ROAD, WINCHESTER, CLARK COUNTY, KY. THE TREATMENT PLAN AND SSOs DISCHARGE TO STRODES CREEK, WHICH IS ON KENTUCKY'S 303(d) LIST FOR NUTRIENTS, SILTATION, ORGANIC ENRICHMENT/LOW DO, AND